Duncan v. City of Lynchburg
Supreme Court of Virginia
Error to corporation court of Lynchburg. Case by one Duncan against the city of Lynchburg. From a judgment for defendant on sustaining a demurrer to the declaration, plaintiff appeals.
1Opinion of the CourtBuchanan, J.
This is an action on the case against the city of Lynchburg for creating and continuing a nuisance near the premises of the plaintiff, 'to the damage of the health and comfort of himself and family.
It is averred in the declaration that the defendant, while operating a rock quarry outside of the limits of the city, erected a privy for the use of its employees, including its chain gang, over a stream of water which runs under the front porch of the dwelling house occupied by the plaintiff, situated near by, and just below the quarx-y, and so polluted the stream as to render his premises unfit…
2Cases cited13 opinions
- Fry v. County of AlbemarleSupreme Court of Virginia · 1890
- Maia's Adm'r v. Eastern State HospitalSupreme Court of Virginia · 1899
- Smith v. . City of RochesterNew York Court of Appeals · 1879
- City of Winchester v. RedmondSupreme Court of Virginia · 1896
- Cavanagh v. City of BostonMassachusetts Supreme Judicial Court · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- City of Richmond v. Board of SupervisorsSupreme Court of Virginia · 1958
- Hyre v. BrownWest Virginia Supreme Court · 1926
- Schneider v. City of MenashaWisconsin Supreme Court · 1903
- Borgelt v. City of MinneapolisSupreme Court of Minnesota · 1965
- People Ex Rel. Sweitzer v. City of ChicagoIllinois Supreme Court · 1936
8 more not listed; retrieve them via the Exa API.